R.B. Misra, J. - (1.) In this petition prayer has been made to quash the order dated, 16.07.1999 (Annexure-3 to the writ petition) passed by the Deputy Labour Commissioner. U.P. Ghaziabad in proceedings under Section 2-A of the U.P. Industrial Disputes Act, 1947, whereby in respect of employees of M/s Ingraham Institute, Raj Nagar, Ghaziabad the respondent No. 1 refused to refer the dispute to the Labour Court for adjudication and rejected the Industrial Dispute Case No. 248 of 1998 under Section 2-A of the Industrial Disputes Act on the ground of delay of 23 years.
(2.) According to the petitioner, he was appointed as an Office Assistant On 22.07.1968 in an institution known as Ingraham Institute, Raj Nagar, Ghaziabad (hereinafter in short called as 'Institution') which is running poultry form, dairy form, agricultural manufacturing, agricultural appliances etc. and by order dated 16.07.1975 the petitioner was promoted as Accounts Clerk, where his service was terminated by an order dated 6/7. 11.1975 after paying him two months' salary in lieu of notice. The said termination order was challenged by the petitioner in the Civil Court by way of Suit No. 1090 of 1975 and on the stay application filed by the petitioner in the said suit the trial Court! by its order dated 08.11.1975 stayed the order of termination. Thereafter, the management of the said institution by its order dated 15.11.1975 placed the petitioner under suspension and served a memo of charges/charge-sheet to him and after obtaining petitioner's explanation passed a fresh termination order dated 10.01.1976 the petitioner prayed to quash the said termination order dated 10.01.1976 by filing afresh amendment application in the suit No. 1090 of 1975, however, the said suit was dismissed by the trial court on 18.04,1978 on the ground of alternative remedy, against which Civil Appeal No. 257 of 1978 too was dismissed, by the appellate Court on 14.01.1981, however, the appellate court indicated that the nature of dispute is a nature of industrial dispute, which could be adjudicated upon at appropriate forum. Against above orders, the petitioner preferred a Second Appeal No. 340 of 1981, which too was dismissed by this Court on 16.12.1997 on the ground of alternative remedy. Thereafter. the petitioner sent a registered notice on 26.03.1993 to the 'institute" for settlement of dispute and when no heed was! taken by the Director of the said institute the petitioner filed an application under Section 2-A of the U.P. Industrial Disputes Act, 1947 before the Regional Conciliation Officer A.L.C., Ghaziabad, which was registered as C.P. Case No 248 of 1998 However, after issuance of notice from the Court of Assistant Labour Commissioner, U.P. and taking objections of the parties the said industrial dispute was not found to be referable after lapse of 23 years to the Industrial Tribunal, therefore, the same was rejected by order dated 6.07.1999 by the respondent No. 1. Hence this writ petition.
(3.) According to the petitioner, in view of the decision of the Supreme Court in 1999 (82) FLR 169 (Mahavir Singh v. U.P. State Electricity Board and Ors. ), where the industrial dispute was raised in March, 1983 i.e. with considerable delay in reference to the date of termination dated 12.11.1975 and on adjudication by the labour court the termination was held to be illegal, and it was further held that once the termination is held to be illegal entire reference of it could not be rejected on the sole ground of delay in raising the dispute.;